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: Fifth Circuit Blog

Standard for Sadistic Depiction Enhancement is Objective, Requires Contemporaneously Infliction Pain

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United States v. Nesmith, No. 16-40196, ?F.3d?, 2017 WL 3393055 (5th Cir. Aug. 8, 2017) (King, Jolly, Prado) Calvin Nesmith pleaded guilty to the sexual exploitation of a minor, in violation of 18 U.S.C. § 2251(a) and (e). At sentencing, the district court applied a four-level enhancement under §2G2.1(b)(4) (depiction of sadistic conduct) because investigators found an explicit image of

Full post as published by Fifth Circuit Blog on August 28, 2017 (boomark / email).

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